Agenda and minutes

An apology for absence was received from Councillor Pendergast.

To approve the record of the meeting held on 17 January 2018.

The record of the meeting held on 17 January 2018 was agreed and signed by the Chairman as correct.

The Chairman drew attention to the following issues arising from the meeting on 17 January 2018:

Minute 652 – Planning application – MC/17/2951 - 3 Nore Close, Darland, Gillingham, ME7 3DG

The following reason for refusal had been issued:

The proposed extension at the side of the property, due to its design, scale and relationship with the host property and street scene, and in particular the relationship in terms of siting with neighbouring properties,  would result in an overdevelopment of the site which would have a detrimental impact on the street scene and be detrimental to the setting of the property at No. 4 Nore Close and the amenity of the occupiers of that property.  The proposal is therefore contrary to the provisions of Policies BNE1 and BNE2 of the Medway Local Plan 2003.

Minute 655 – Planning application – MC/17/4027 - The Evening Star, 128 Church Street, Cliffe, Rochester ME3 7PY

It was reported that the applicant had confirmed that he had withdrawn the appeal against the previous refusal following the approval of this planning application on 17 January 2018.

Minute 658 – Planning application MC/17/3760 - Mockbeggar Farm, Town Road, Cliffe Woods, Rochester, ME3 8EU

Condition 4 of the planning permission for the above planning application had been agreed following consultations with Chairman and spokespersons as follows:

4. The caravans to be stored on site shall only be occupied for the months set out below and not at any other time:

•           Caravans 1-5 between January and October

•           Caravans 6-10 between May and February

•           Caravans 11-14 between April and December

•           Caravans 15-25 between February and November

•           Caravans 26-35 between March and January

•           Caravans 36-50 between January and October

•           Caravans 51- 63 between May and January

For the purposes of this condition the numbering of caravans is as shown on approved drawing number DHA/12564/02 received on 21 November 2017.

There shall be no more than 6 residents in each caravan when occupied and the total number of residents of all of the caravans on the site shall not exceed 324.  A written record shall be kept of the dates of occupation of all caravans on site and shall include the names of people in occupation of each caravan and the duration of their occupation.  The written record shall be made available for inspection by the Local Planning Authority within 48 hours of a written request.

Reason: To reflect the special occupational need for the permitted use and its situation in a location where residential development would not ordinarily be permitted, in accordance with Policy BNE25 of the Medway Local Plan 2003.

There were none. 

The Chairman advised the Committee that the following planning applications had been deferred from consideration at this meeting:

Planning application – MC/17/3970 – 46 Gravesend Road, Strood, Rochester ME2 3JP

Planning application – MC/17/4131 – Land adjacent to South View, Sharnal Street, High Halstow, Rochester Kent ME3 8QR

Members are invited to disclose any Disclosable Pecuniary Interests or Other Significant Interests in accordance with the Member Code of Conduct.  Guidance on this is set out in agenda item 4.

Disclosable pecuniary interests

There were none.

Other significant interests

There were none.

Other interests

Councillor Bhutia referred to agenda item 22 (Protection of Trees – Site in Chatham) and advised the Committee that as the owner of the land was known to his son he would not take part in the consideration of this item.

The Chairman, Councillor Mrs Diane Chambers referred to planning application MC/17/3484 – Hempstead Valley Shopping Centre, Hempstead Valley Drive, Hempstead, Gillingham and advised the Committee that as she wished to address the Committee as Ward Councillor on this planning application, she would withdraw from the Committee for this item. In the absence of the Chairman, the Vice Chairman took the Chair.

Councillor Gilry referred to planning application MC/17/4437 – Land fronting Higham Road and to the rear of no.s 4 and 2 Hollywood Lane, Wainscott, Rochester and advised the Committee that she would leave the meeting for the consideration and determination of this planning application on the basis that her friend lives next door to the application site. 

Councillor Wicks referred to planning application MC/17/2872 – Former NHS Walk-In-Centre, Canterbury Street, Gillingham and advised the Committee that he would withdraw from the meeting for consideration and determination of this planning application on the basis that he is a Member of the Upper Gillingham Conservative Club which adjoined the application site.

Hempstead and Wigmore

Redevelopment of existing surface level car parks to provide for retail or retail and leisure development, construction of a car park deck, amendments to access routes, servicing and internal pedestrian and vehicular routes, public realm works and landscaping.

Discussion:

The Head of Planning outlined the planning application in detail and the issues to be considered by the Committee in determining this planning application. He suggested that if the Committee was minded to approve the application, proposed condition 3 be amended and a new condition 25 be approved as set out below:

3. Phase 1 of the development as set out on approved plan 3971 PL032 REV 00, shall be completed and open for use before commencement of phase 2. Phases 1, 3 and 4 of the development shall be completed and open for use before occupation of any part of the retail units in phase 2.

25. No development shall take place until a scheme showing details of the disposal of surface water, based on sustainable drainage principles, including details of the design, implementation, maintenance and management of the surface water drainage scheme have been submitted to and approved in writing by the Local Planning Authority. Those details shall include:

                        i. a timetable for its implementation, and

ii. a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable drainage scheme throughout its lifetime.

The development shall be implemented in accordance with the approved details and shall thereafter be retained.

Reason: Required before commencement of the development in order to manage surface water during and post construction and for the lifetime of the development in accordance with Paragraph 103 of the NPPF.

In addition, he drew attention to photographs of the site provided by the Ward Councillors which had been appended to the supplementary agenda advice sheet.

The Head of Planning advised the Committee that it was possible that, if approved, the application required referral to the National Planning Casework Unit (NPCU).

With the agreement of the Committee, Councillors Rodney Chambers OBE and Mrs Diane Chambers addressed the Committee as Ward Councillors. In the absence of the Chairman, the Vice Chairman, Councillor Hicks chaired the meeting for this planning application.

The Ward Councillors outlined the following concerns:

·         Whilst originally designated as a shopping centre for Hempstead, over the years, and with the increase in car use, Hempstead Valley Shopping Centre had now become a destination resulting in several expansions of the Shopping Centre both in respect of retail and restaurant provision to the detriment of Gillingham and Chatham High Streets.

·         The current proposed expansion would result in Hempstead Valley Shopping Centre being elevated to a major retail outlet beyond the original intended purpose which will have a detrimental impact on the environment and significant impact on Gillingham and Chatham High Streets.

·         Two of the proposed units include mezzanine floors which could result in permitted development rights for subdivision and increased units.

·         The application is contrary to current Planning Policy and it will be difficult to continue to promote Chatham as a central shopping centre in Medway if Hempstead Valley Shopping Centre is  ...  view the full minutes text for item 748.

Rainham North

Outline planning application with some matters reserved (appearance, landscaping, layout and scale) for demolition of existing structures and construction of up to 121 residential dwellings including new vehicle access, internal roads, car parking, open spaces, sustainable urban drainage systems, earthwork's and associated landscaping and infrastructure. 

Discussion:

The Head of Planning outlined the planning application in detail and advised the Committee that should it be minded to approve the application, the following amendments were required to the proposed Section 106 and conditions 2 and 3:

·         Section 106 v - the words ‘Sixth From’ should read ‘Sixth Form’.

·         Condition 2 -  the time periods should read ‘2 years’ not ‘3 years’.

·         Condition 3 – the time period should read ‘18 months’ not ‘12 months’

In addition, he suggested that proposed condition 16 be amended as set out below:

16. No development shall take place until an Air Quality Mitigation Statement has been submitted to and approved in writing by the Local Planning Authority.  The statement shall be prepared in accordance with the Medway Air Quality planning guidance (April 2016) and shall specify the ,measures that will be implemented as part of the development to mitigate the air quality impacts identified in the Air Quality Assessment, reference 7584AQ Final v3, dated 18 January 2018.  The total monetary value of the mitigation to be provided shall be demonstrated to be equivalent to or greater than, the total damage cost value calculated as part of the Air Quality Assessment.

The development shall be implemented, and thereafter maintained, entirely in accordance with the measures set out in the approved mitigation statement.

He advised that Kent Police had requested a Section 106 contribution but that the request was not CIL compliant and therefore such contribution was not permissible.

The Head of Planning also drew attention to a number of changes to the Planning Appraisal Section of the report details of which were set out on the supplementary agenda advice sheet.

The Committee discussed the planning application and concern was expressed as to the affect that the proposed development would have upon the highway and, in particular, the junction of Berengrave Lane with the A2. It was noted that there was no proposed Section 106 contribution to undertake any works to mitigate the impact of the additional vehicular movements.

The Acting Head of Integrated Transport informed the Committee that it was anticipated that the proposed development would generate an additional 66 vehicular movements of which approximately 40 would impact upon the Berengrave Lane junction with the A2. He advised that officers were in the process of working on a scheme to alleviate congestion at this junction and if the Committee wished, it could include a further Section 106 contribution as part of this planning application towards this work.

A Member expressed the view that if the Committee was to consider the inclusion of an additional head of term for the Section 106 agreement aimed at alleviating impact upon the highway, this required consideration through the normal process of determining Section 106 contribution levels. Without this, the Committee was not in a position to agree a level at this meeting.

Another Member expressed concern that the proposed Section 106 contributions for  secondary school education only covered Rainham Mark Grammar School  and yet there were  ...  view the full minutes text for item 749.

Rainham North

Construction of two storey side extension together with single storey rear extension and installation of dormers to front and rear to facilitate the change of use of existing care home (use class C2) to provide 7x 2 - bedroom and 1x 3 - bedroom residential flats together with private amenity space, vehicle park and landscaping.

Discussion:

The Planner outlined the planning application in detail and advised the Committee that since despatch of the agenda three additional letters of objection had been received following re-consultation on revised drawings. All three objections reiterated grounds of objection already set out within the report.

In addition, he drew attention to an amendment to the planning appraisal section of the report replacing the tree section, details of which were set out on the supplementary agenda advice sheet.

The Committee discussed the planning application and the Planner responded to questions concerning potential overlooking.

Decision:

Approved subject to:

a)    The submission of a Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to secure £223.58 per new dwelling towards Designated Habitats Mitigation.

b)    Conditions 1 – 10 as set out in the report for the reasons stated in the report.

Strood Rural

Construction of  1x bedroom bungalow with associated parking - Resubmission MC/17/3129.

Discussion:

The Planner outlined the planning application in detail and suggested that if the Committee was minded to approve the application, proposed condition 4 be amended as set out on the supplementary agenda advice sheet.

In addition he advised that since despatch of the agenda, one further letter of representation had been received details of which were summarised on the supplementary agenda advice sheet.

Decision:

Approved subject to:

a)    The submission of a Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to secure £223.58 per new dwelling towards Designated Habitats Mitigation.

b)    Conditions 1 – 3 and 5 – 7 as set out in the report for the reasons stated in the report and condition 4 amended as follows:

4. No development shall take place until a Construction Environmental Management Plan (CEMP) that describes measures to control, amongst other matters, hours of working, parking of operatives vehicles, deliveries to the site, noise, dust and lighting arising from the construction phase of the development has been submitted to and approved in writing by the Local Planning Authority.  The construction works shall be undertaken in accordance with this approved plan.

Reason: Required before commencement of development in order to minimise the impact of the construction period on the amenities of local residents with regard to Policy BNE2 of the Medway Local Plan 2003.

Gillingham South

Outline application with some matters reserved (appearance, landscaping, layout and scale) for construction of up to 13 no. dwellings  with associated parking and landscaping.

Discussion:

The Planning Manager outlined the planning application and reminded the Committee that this application had previously been considered on 17 January 2018, following which consideration of the application had been deferred for confirmation about an education contribution for the proposed Section 106 agreement, further information about the ownership of the road that forms the proposed access and measures to prevent non residents using the proposed parking.

It was confirmed that since the meeting on 17 January 2018, the applicant had agreed to a Section 106 contribution of £61,873.07 for education broken down as £10,566.40 for Nursery provision, £23,400 for Primary education towards a new free school in the Gillingham area or expansion at St Thomas of Canterbury Catholic Primary School and £27,906.67 for Secondary education at Chatham Grammar School for Girls and/or a new free school.

In addition, it was confirmed that the applicants had indicated that the access to the site leading from Canterbury Street was mainly in the ownership of the applicants with some small areas owned by third parties. Other business owners and land owners had rights of access over the land.

The issues of non-residents using the proposed parking spaces would be covered by the parking management plan required under proposed condition 11.

The Committee discussed the report and expressed concern as to the reasons why the educational Section 106  contribution had not been requested in the report submitted on 17 January 2018. The Head of Planning informed the Committee that an educational contribution had been requested but that this had been overlooked when the report had been prepared for Committee. He gave an assurance that a revised system of 106 contribution notifications had since been introduced to avoid this happening again. 

Decision:

Approved subject to:

a)            The applicant entering into a legal agreement under the terms of Section 106 of the Town and Country Planning Act 1990 to secure:

i)    £34,475.49 towards improvements to Gillingham Park.

ii)  £1,624.35 towards vegetation and shrub removal works at the Marlborough Road entrance.

iii)£6,083.35 towards the Medway Medical Centre Malvern Road Gillingham.

iv)£2,020.72 towards provision of brown bins, refuse bags and information leaflets to the housing units on the development.

v)  £2,906.54 towards strategic measures in respect of the coastal North Kent Special Protection Area.

vi)£61,873.07 broken down to £10,566.40 for Nursery and £23,400.00 for Primary towards a new free school in the Gillingham area or expansion at St Thomas of Canterbury and £27,906.67 for Secondary School at Chatham Grammar School for Girls and/or a new free school.

vii)   Meeting the Council’s costs.

b)            Conditions 1- 12 as set out in the report for the reasons stated in the report.

Cuxton and Halling

Construction of 24 flats including affordable housing with associated parking and landscaping.

Discussion:

The Head of Planning outlined the planning application in detail and advised the Committee that since despatch of the agenda one further objection letter had been received, details of which were set out on the supplementary agenda advice sheet.

In addition, he advised that Southern Water had commented that there was a need for additional infrastructure to serve the proposed development and had requested an appropriate condition to require a drainage strategy. However, he reported that Southern Water had its own powers and Planning Guidance was clear that, in such circumstances, the Local Planning Authority should not seek to impose a further area of control where an aspect is satisfactorily addressed through other legislation.

The Chairman informed the Committee that although Councillor Fearn wished to address the Committee as Ward Councillor he had been unable to attend the meeting. As he was the only Ward Councillor for Cuxton and Halling Ward, with the agreement of the Committee, the Head of Planning read out a statement provided by Councillor Fearn objecting to the planning application.

The Committee discussed the application and concern was expressed as to the amenity of the future occupiers of the development owing to the location of the site being bound by a railway line on one side and a road on the other, overdevelopment of the site and the impact on the development from its close proximity to employment land to the East.

Decision:

a)            Refused on the following ground:

The proposal represents an overdevelopment of the site, which by virtue of its location between the busy A228 and the railway line, the lack of any external amenity area for residents and the location of the block A by the entrance to the existing employment area to the east, would provide for an unacceptably poor level of internal and external amenity for prospective occupiers. The proposal is therefore contrary to the provision of Policy BNE 2 and bullet point 4 of paragraph 17 of the National Planning Policy Framework 2012.

b)            The Head of Planning be granted delegated authority to approve the wording of the refusal grounds in consultation with the Chairman, Vice Chairman and Group Spokespersons.

Gillingham North

Retrospective application for construction of 7 no. Freight Containers a staff/smoking enclosure and minibus parking.

Discussion:

The Head of Planning outlined the planning application in detail and explained that if the Committee was minded to approve the planning application, such permission would be for temporary for one year up to 14 February 2019 as there were future plans for this site as part of the regeneration of Chatham Waters.

The Committee discussed the report and expressed dissatisfaction that this was a retrospective planning application from Medway Norse and that part of the application related to storage units for Council equipment.

Decision:

Approved with conditions 1 – 5 as set out in the report for the reasons stated in the report.

Peninsula

Change of use of land from farm yard and agricultural land to provide a facility to produce hydraulically bound material (HBM) from recycled aggregates for use in road building and in the construction industry.

Discussion:

The Planning Manager outlined the planning application in detail and suggested that should the Committee be minded to approve the application, proposed condition 3 be amended, details of which were set out on the supplementary agenda advice sheet. This amendment had been in response to a letter from Kent County Council Ecology.

The Committee discussed the report and arising from discussions, the Planning Manager advised that an additional condition concerning dust could be approved.

Decision:

Approved with conditions 1 and 2 and 4 – 13 as set out in the report for the reasons stated in the report, revised condition 3 and new condition 14 as follows:

3. No development or site clearance shall take place until the reptiles within the application site have been captured and relocated to the identified receptor site as shown within the submitted ecological survey (Great Crested Newt and Reptile Survey; Greenspace Ecological Solutions: July 17). The receptor site shall be prepared with the provision of ecological enhancements and managed appropriately for the translocated reptiles, and thereafter retained.

     Reason: Required before commencement of any development to avoid any irreversible detrimental harm to protected species and in accordance with Policy BNE39 of the Medway Local Plan 2003.

14.The use hereby permitted shall not take place until a scheme for reducing dust emissions from the site has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be implemented in accordance with the approved details and shall thereafter remain in operation at the site.

     Reason: To safeguard the amenities of occupiers of nearby properties in accordance with Policy BNE2 of the Medway Local Plan 2003.

Rochester West

Demolition of existing commercial units and construction of a two storey detached three bedroom dwelling and detached single storey one bedroom annexe.

Discussion:

The Planning Manager outlined the planning application in detail and suggested that if the Committee was minded to approve the planning application, a new condition 14 be approved, details of which were set out on the supplementary agenda advice sheet.

Decision:

Approved subject to:

a)            The submission of a Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to secure £223.58 towards Designated Habitats Mitigation

b)            Conditions 1 – 13 as set out in the report for the reasons stated in the report and new condition 14 as follows:

14. Prior to the first occupation of the dwelling or annexe herein approved, the existing stairs leading from properties located in St Johns Way shall be removed.

Reason: In the interests of residential amenity in accordance with Policy BNE2 of the Medway Local Plan 2003.

Strood North

Construction of a detached  single storey building to rear for garage and store room - resubmission of MC/17/2876.

Decision:

The Committee noted that this application had been deferred in order to resolve questions regarding access arrangements.

Rochester South and Horsted

Construction of a two storey two bedroomed dwelling attached to number 63 and single storey rear extension to number 63; resiting of boundary lines and car parking arrangements to number 63 and 65 to accommodate the new dwelling.

Discussion:

The Planning Manager outlined the planning application in detail.

Decision:

Approved with conditions 1 – 9 as set out in the report for the reasons stated in the report.

Peninsula

Outline application with some matters reserved (appearance, landscaping, layout and scale) for construction of a detached two-storey dwellinghouse with associated detached garage, parking facilities and hard/soft landscaping.

Decision:

The Committee noted that this planning application had been deferred as there had been inaccuracies in the report and recommendation.

Strood South

Construction of 3 x one-bedroom and 3 x two-bedroomed self contained flats with provision for 10 car parking spaces and 6 cycle spaces - resubmission of MC/15/4129.

Discussion:

The Planning Manager outlined the planning application in detail.

Decision:

Approved subject to:

a)            The applicant entering into Section 106 of the Town and Country Planning Act 1990 to secure £1,341.48 towards Bird Mitigation.

b)            Conditions with conditions 1 – 10 as set out in the report for the reasons stated in the report.

Luton and Wayfield

Construction of a two storey building with rear catslide roof to create a 2-bedroom ground floor flat and one bedroom first floor flat with associated parking spaces, garden/amenity areas and refuse storage provision.

Discussion:

The Planning Manager outlined the planning application in detail.

Decision:

Approved subject to:

a)            The applicant signing a Unilateral Undertaking under Section 106 of the Town and Country Planning Act 1990 to secure habitats mitigation contribution of £223.58 per dwelling.

b)            Conditions 1 – 9 as set out in the report for the reasons stated in the report.

This report sets out current Planning performance and work on the Local Plan for the period 1 October – 31 December 2017.  

Discussion:

The Committee received a report setting out information on performance and the work undertaken on the Medway Local Plan for the period 1 October – 31 December 2017.

The Head of Planning apologised that Members had not received colour versions of the performance data on email prior to the meeting and advised that this would be sent out in future.   

Decision:

The Committee noted the report.

This report summarises the content of agenda items 21, 22, 23 and 24, which, in the opinion of the proper officer, contain exempt information within one of the categories in Schedule 12A of the Local Government Act 1972. It is a matter for the Committee to determine whether the press and public should be excluded from the meeting during consideration of documents.

The Committee agreed to ask the press and public to leave the meeting because the following items contained sensitive information relating to current legal proceedings. The information was considered to be exempt under paragraph 6 of part 1 of Schedule 12A of the Local Government Act 1972. 

This reports recommends to the Planning Committee that direct action be taken to resolve a breach of Planning Control.

Discussion:

The Committee received a report recommending that direct action be taken to resolve a breach of Planning Control at a site in Rainham.

The Committee discussed the report noting all the factors that had been taken into consideration before recommending that direct action be taken and the potential courses of action for the recovery of costs should direct action be approved.

Decision:

In the light of the factors set out in the report and, that in the absence of further action by the Council it is unlikely that there will be compliance with the requirements of the outstanding enforcement notice, authority be given for direct action to secure compliance with the enforcement notice of 3 May 2017.

This report seeks the view of the Planning Committee regarding the making of a tree preservation order by the Head of Planning/ Director of Regeneration, Culture, Environment & Transformation and Deputy Chief Executive, having considered the amenity value of the trees in question and whether or not it would be expedient, in the interest of amenity, to make provision for their preservation.

Discussion:

The Senior Tree Officer outlined the background to the report and, with the agreement of the Committee, Councillor Craven addressed the Committee as Ward Councillor and outlined residents concerns about the potential loss of trees at the site referred to in the report.

Decision:

The Committee agreed not to recommend to the Head of Planning/Director of Regeneration, Culture, Environment and Transformation and Deputy Chief Executive that a Tree Preservation Order be made to protect trees on the site referred to in the report.

This is the bi-annual report to committee informing Members of those enforcement proceedings during the period 1 July – 31 December 2017.

Discussion:

The Committee received a report setting out information concerning enforcement proceedings for the period July – December 2017.

Decision:

The Committee noted the report.

This is the report to Planning Committee informing Members of the action taken by the Derelict Building Officer with regard to key buildings and associated land in the Medway area during the period 1 July – 31 December 2017.

Discussion:

The Committee received a report setting out information as to action taken by the Derelict Buildings Officer with regard to key buildings and associated land during the period 1 July – 31 December 2017

Decision:

The Committee noted the report.